Employment Contract
Secure your Texas tax practice with IRS-compliant employment contracts. Features at-will clauses, GLBA data security, and Texas-specific non-competes.
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In the high-stakes world of Texas tax preparation, a generic agreement is a liability. Your firm faces unique risks range from IRS penalties under Circular 230 to the theft of sensitive W-2 data.... Read more
In the high-stakes world of Texas tax preparation, a generic agreement is a liability. Your firm faces unique risks range from IRS penalties under Circular 230 to the theft of sensitive W-2 data. This Texas-specific employment contract ensures compliance with the Texas Business and Commerce Code and the Labor Code, establishing a clear at-will relationship while protecting your firm with non-solicitation clauses and robust GLBA-mandated data security requirements. By defining specific roles—from CPA services to amended return support—you mitigate E&O liability and ensure your staff understands their duties regarding PTIN maintenance and IRC privacy standards.
Beyond the standard employment contract sections, this template adds fields specific to Tax Preparation Firm:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Errors and Omissions in Tax Filing
Utilize detailed engagement letters with disclaimers, and ensure quality control processes in the preparation of returns to minimize mistakes.
Breach of Confidentiality
Implement and maintain Data Protection Policies, comply with GLBA requirements, and use confidentiality agreements to protect client data.
For this employment contract to be legally valid:
Common mistakes to avoid:
Under Tex. Bus. & Com. Code § 15.50, a non-compete must be ancillary to an otherwise enforceable agreement at the time it is made. For tax firms, this means the restriction must be supported by valid consideration, such as providing the employee with specialized tax software training or access to confidential client lists and trade secrets, which are critical in the competitive Texas tax market.
Your contracts should explicitly require compliance with Treasury Department Circular 230 and the Internal Revenue Code (IRC). This ensures that your tax preparers acknowledge their professional duties, standards of competence, and the mandatory requirement to maintain a valid Preparer Tax Identification Number (PTIN) through the IRS.
The contract includes a mandatory Confidentiality clause aligned with the Gramm-Leach-Bliley Act (GLBA) and Texas privacy laws. It requires employees to strictly follow your firm’s Data Protection Policies to prevent identity theft and ensures they understand the penalties for disclosing consumer financial information without authorization.
Yes. Texas is an at-will employment state, but to avoid disputes, the contract should clearly state that either party can terminate the relationship at any time. This aligns with Tex. Lab. Code § 21.051 and helps prevent wrongful termination claims while allowing you to manage seasonal staffing needs during peak tax seasons.
State laws affect what must be in this document. Pick your jurisdiction.
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